Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 16, 2024
CASE NO(S).: OLT-24-000477
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Fengate Homestead Holdings Inc. LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate the development of a five building industrial subdivision
Reference Number: UHOPA-22-008
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000477
OLT Lead Case No.: OLT-24-000477
OLT Case Name: Fengate Homestead Holdings Inc. LP v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Fengate Homestead Holdings Inc. LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of a five building industrial subdivision
Reference Number: ZAC-22-017
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000478
OLT Lead Case No.: OLT-24-000477
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Fengate Homestead Holdings Inc. LP
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To facilitate the development of a five building industrial subdivision
Reference Number: 25T-202202
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000479
OLT Lead Case No.: OLT-24-000477
Heard: August 16, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Fengate Homestead Holdings LP | Matthew Helfand |
| City of Hamilton | Peter Krysiak |
MEMORANDUM OF ORAL DECISION DELIVERED ON AUGUST 16, 2024 BY S. DEBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The Tribunal convened a Case Management Conference (“CMC”) with respect to the appeals by Fengate Homestead Holdings LP pursuant to s. 22(7), 34(11) and 51(34) of the Planning Act due to the City of Hamilton’s (“City”) failure to make a decision on the applications pertaining to the properties municipally known as 3054 Homestead Drive, 9166 Airport Road and 9174 Airport Road (“Subject Lands”).
2The purpose of the applications would be to permit the development of five industrial buildings an extension of the East Cargo Road right-of-way and include a natural heritage compensation area.
3The Affidavit of Service by Tarah Coutts, dated July 26, 2024, was marked as Exhibit 1 to the Hearing.
PARTY OR PARTICIPANT REQUESTS
4No other persons requested to be a Party to nor a Participant in the matter.
OPPORTUNITIES FOR RESOLUTION
5The Parties stated that they have had some without-prejudice discussions and are aware of Tribunal-led mediation; however, Tribunal-led mediation is currently not needed.
PROCEDURAL ORDER AND ISSUES LIST
6The Parties stated that a draft Procedural Order (PO) and Issues List (IL) has been finalized; however, the City is awaiting approval of the issues from Council. The City stated that this direction is to be received in the next week and that a finalized PO and IL will be submitted to the Tribunal by August 29, 2024.
7Since the time of the CMC, the Tribunal has received an updated draft PO and approves of its contents. The approved PO is to be used to govern the events leading up to and including the Merit Hearing.
SCHEDULING OF THE HEARING
8The Parties agreed that due to the number of witnesses that are expected to be called, the request of an eight-day hearing would be appropriate for this matter.
9The Tribunal has scheduled a hearing of the merits to occur by video, commencing on Wednesday, May 14, 2025 at 10 a.m. and proceed for a duration of eight (8) days until and including Monday, May 26, 2025. The Tribunal will not sit on Monday, May 19, 2025.
10Parties and Participants are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
[10]
GoTo Meeting: https://meet.goto.com/558205565
Access Code: 558-205-565
11Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 558-205-565.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14THE TRIBUNAL ORDERS that an eight-day (8-day) Merit Hearing shall proceed by video from May 14, 2025 at 10 a.m. through May 26, 2025 at 5:00 p.m.
15The Procedural Order is to govern the procedures leading up to and including the Merit Hearing as set out in Schedule 1 to this Order and is in full force and effect on the issue date of this Order.
16The Member is not seized.
17No further notice will be provided.
“S. deBoer”
s. deboer
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.